THIRD AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Exhibit 99.(e)(i)(3)
THIRD AMENDMENT TO ETF
DISTRIBUTION AGREEMENT
This third amendment (“Amendment”) to the ETF Distribution Agreement dated as of July 5, 2022 (the “Agreement”), by and between Tidal ETF Trust II (the “Trust”) and Foreside Fund Services, LLC (“Foreside” and together with the Trust, the “Parties”) is entered into as of November 10, 2022 (the “Effective Date”).
WHEREAS, The Parties desire to amend Exhibit A of the Agreement to reflect an updated Funds list; and
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by the Parties.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. | Capitalized terms not otherwise defined herein shall have the meanings set forth in Agreement. |
2. | Exhibit A of the Agreement is hereby deleted and replaced in its entirety by the Exhibit A attached hereto. |
3. | Except as expressly amended hereby, all of the provisions of the Agreement shall remain unamended and in full force and effect to the same extent as if fully set forth herein. |
4. | This Amendment shall be governed by, and the provisions of this Amendment shall be construed and interpreted under and in accordance with, the laws of the State of Delaware. |
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers, as of the Effective Date.
TIDAL ETF TRUST II | FORESIDE FUND SERVICES, LLC | |||
By: | /s/ Xxxx Xxxxxxx | By: | /s/ Xxxxxx Xxxxx | |
Name: | Xxxx Xxxxxxx | Name: | Xxxxxx Xxxxx | |
Title: | President | Title: | President |
EXHIBIT A
Carbon Collective Climate Solutions U.S. Equity ETF
YieldMax ARKK Option Income ETF
YieldMax KWEB Option Income ETF
YieldMax GDX Option Income ETF
YieldMax XBI Option Income ETF
YieldMax TLT Option Income ETF
YieldMax AAPL Option Income ETF
YieldMax AMZN Option Income ETF
YieldMax BRK.B Option Income ETF
YieldMax COIN Option Income ETF
YieldMax META Option Income ETF
YieldMax GOOG Option Income ETF
YieldMax NFLX Option Income ETF
YieldMax NVDA Option Income ETF
YieldMax SQ Option Income ETF
YieldMax TSLA Option Income ETF
Senior Secured Credit Opportunities ETF
Meet Xxxxx All In ETF
Meet Xxxxx Select ETF
Meet Xxxxx Xxxxxxxx ETF
XXX Xxxxx MSTR ETF
XXX Xxxxx COIN ETF
XXX Xxxxx GME ETF
XXX Xxxxx AMC ETF
XXX Xxxxx PTON ETF
XXX Xxxxx TLRY ETF
XXX Xxxxx NKLA ETF
XXX Xxxxx HOOD ETF
XXX Xxxxx BYND ETF
XXX Xxxxx PENN ETF
Xxxxxxxx Fixed Income Alternative ETF